New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Rule 37 Sanctions — Failure to Respond to Discovery for 5 Mos., Despite Court Orders = Flagrant Disregard, Merits Dismissal — No Need to Consider Lesser Sanctions Where Determination They’d Be Ineffective “Radiates from” Opin. (Good Quotes)

Lyons v. O’Quinn, 2018 WL 4031032 (11th Cir. Aug. 23, 2018): *1 Jackie Lyons appeals the district court’s order dismissing his suit as a discovery sanction, and another order denying his motion for reconsideration of three prior orders. The district …
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Even When Intentional Spoliation Occurs, Court Has Discretion Not to Issue Adverse Inference Instruction Or Other Severe Sanction — Ultimately, Significance of Spoliation Evidence Is for the Jury to Weigh

Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Defendant-Appellee, Brian Welch, …
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Email Evid.: Party’s Production of Email with Employee’s Name & Co. Signature Authenticates It; Email = Admission; 2nd Level Hearsay OK As Verbal Act — Expert Report OK on SJ If Accompanied by Sworn Certification, Needn’t Itself Be Sworn

Am. Fedn. of Musicians of the United States v. Paramount Pictures Corp., 2018 U.S. App. LEXIS 25570 (9th Cir. Sept. 10, 2018): Since at least 1946, major motion picture studios and the musicians, conductors, and orchestras who score motion …
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Inherent Power Sanctions OK for Repeatedly Rearguing Matters Already Ordered & Being “Unnecessarily Argumentative” with Judge — Rule 11: Least Severe Sanctions — §1927 Indifferent to Equities of Dispute & Winners v. Losers (Good Quotes)

Vallejo v. Amgen, Inc., 2018 U.S. App. LEXIS 25547 (8th Cir. Sept. 10, 2018): In this consolidated products liability suit appeal, Jan Vallejo challenges the district court's1 order limiting the scope of her general causation [*2]  phase discovery.…
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Text Admissibility: Court May Place Reasonable Limitations on the Presentation of Cumulative Text Evidence, Limiting Counsel to Counsel’s Choice of 10 Best Messages for Impeachment Where Use of All Would Have Been Time Consuming, Inflammatory

People v. Adekunle Olobayo Aisony, 2018 Cal. App. Unpub. LEXIS 6051 (Cal. Ct. App. Sept. 4, 2018): In an information filed by the Los Angeles County District Attorney's Office, defendant and appellant Adekunle Olobayo-Aisony was charged with criminal threats…
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Recent Articles

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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